전자금융거래법위반등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than eight months.
One cell phone, seized SY A-860 cell phones.
1. In light of the following: (a) the summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) reflects the defendant's wrongness; (b) the defendant has grown in a family environment in which he was in a bad condition after being employed in the factory; and (c) the defendant has lived in good faith after being employed in the factory; (c) each sentence of the court below that sentenced to six months of imprisonment (the court below's judgment No. 1); (d)
2. Before determining the grounds of appeal on the grounds of ex officio determination, each of the judgment below's respective cases are consolidated in the trial of the party, and each of the crimes in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed at the same time pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Violation of each electronic financial transaction law as stated in the pertinent legal provision on criminal facts: The use of each falsified official document as stated in Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act: The use of each falsified document under Articles 229, 225, and 30 of the Criminal Act: the use of each falsified document under Articles 231 and 30 of the Criminal Act: The use of each of the above investigation document under Articles 234, 231, and 30 of the Criminal Act: The use of each of the fraud under Articles 347(1) and 30 of the Criminal Act: The attempted fraud under Articles 352, 347(1), and 30 of the Criminal Act: The attempted fraud under Articles 347(1) and 30 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The sentencing of Article 48(1)1 of the Criminal Code for forfeiture is against the accused’s wrongness and fine.